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HomeMy WebLinkAboutACHIEVEMENT INSTITUTE OF SCIENTIFIC STUDIES - 2007 City of Santa Ana Clerk of the C~cil AGREEMENT TERMINATION ....J Please complete this form when the attached agreement is no longer in effElllll7 ~lOV 30 All C}: 52 Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. CITY. . .\ ANA =========================================================~~~=k=====~:t~u.============== The agreement with a JuiJI)P~/ ......dn,,;;J;,i1A ~ r:;;;tirvotfA _~$b> No. A ,~oo7-/o.....,-OOI wascompletedon .=D. ~ 3D, ;),001 Date: ~,. ;":t'J. ~. ~~ S3"l1 ~ O::/~~~ and final payment has been made. Department: Phone/Ex!. : Signature: Revised 07-23-07 INSURANCE ON fILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1- / -O~ CLERK OF COUNCIL DATE: 10'1/..07 0', cOA (2.) Ll\C'l Fld'o) e e A-2007 -105-001 5/05 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ACHIEVEMENT INSTITUTE OF SCIENTIFIC STUDIES FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 1st day of July, 2007, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and ACHIEVEMENT INSTITUTE OF SCIENTIFIC STUDIES, a California nonprofit corporation ("SUBRECIPIENT"). WIINESSEIH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUB RECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUB RECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit B-1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUB RECIPIENT pursuant to this Agreement. E. The CITY and SUB RECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 1 5/05 I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (a) Authority. SUB RECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUB RECIPIENT has been fully authorized by all requisite actions on the part of SUB RECIPIENT . (b) Experience. SUB RECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUB RECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUB RECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUB RECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUB RECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUB RECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUB RECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Ouarterly Disbursement. The amount granted to SUBRECIPIENT is $ 8,500("CDBG FUNDS"), and such funds shall be expended by SUB RECIPIENT on or before June 30, 2008. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon 2 5/05 receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUB RECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUB RECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUB RECIPIENT hereunder. D. Allowable Costs. SUB RECIPIENT agrees to complete said program on or before June 30, 2008 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUB RECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. E. Licensing. SUB RECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUB RECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUB RECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate 3 5/05 depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-II 0 requirements. H. Audit Report Requirements. SUB RECIPIENT agrees that if SUBRECIPIENT receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. 1. Record Keeping/Reporting. SUB RECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUB RECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUB RECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUB RECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documentation pertaining to costs for subcontractors or other documentation supporting and 4 5/05 evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: SUB RECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUB RECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to- date program statistics on expenditures, caseload and activities. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUB RECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUB RECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of RecordslRequired Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUB RECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUB RECIPIENT does not make the above-referenced documents available within the city of Santa Ana, California, SUB RECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUB RECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. 5 5/05 M. Standing. SUB RECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUB RECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUB RECIPIENT agrees that if SUB RECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUB RECIPIENT, or if SUB RECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUB RECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUB RECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUB RECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUB RECIPIENT under the terms and conditions of this Agreement. 6 5/05 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-l). T. Financial Interest. SUBRECIPIENT agrees that except for the use ofCDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a [mancial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U Davis-Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 US.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. ~5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. ~5.5. A breach of the contract clauses in 29 C.F.R. ~5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. ~5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. ~5.6(a)(3)]. V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. 7 5/05 b) Notify appropriate officials of SUB RECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The CITY and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUB RECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2007-08 CDBG program year amounts expended by SUB RECIPIENT in carrying out said program for fiscal year 2007-08 pursuant to this Agreement up to a maximum aggregate payment of Etght Thousand Five Hundred Dollars ($ 8,500) in installments determined by CITY. Payments shall be made to SUB RECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUB RECIPIENT is in compliance with the terms and conditions of this Agreement. B. Audit of Account. CITY shall include an audit of the account maintained by SUB RECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and sub grant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUB RECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a 8 5/05 reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION SUB RECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1-102 and A-II 0, SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUB RECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUB RECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.200(j): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUB RECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUB RECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUB RECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. 9 5/05 D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUB RECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by US. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Paul Riordan Vice President 1621 Bullard Lane Santa Ana, CA 92705 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUB RECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUB RECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. 10 5/05 IX. HOLD HARMLESS SUB RECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance ofthis Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUB RECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUB RECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUB RECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. XI. REVERSION OF ASSETS 11 5/05 A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUB RECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUB RECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall 12 5/05 survive the date of termination of this Agreement for such period of time as CITY and/or RUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUB RECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUB RECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUB RECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUB RECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUB RECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. The grant of funds under this Agreement may be terminated due to the non- performance of SUB RECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUB RECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS 13 5/05 The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use ofCDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where RUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUB RECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUB RECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUB RECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUB RECIPIENT . XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS 14 5/05 a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 15 5/05 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. A;:~~ PATRICIA~. EALY Clerk oftheC6uncil CITYOF~TA~A fJfltZ DA vrD N. REAM City Manager .......... w APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney <~. /7d. - - ) By': LORENA C. ALOZA Assistant City Attorney SUBRECIPIENT: DATE: '<> I <- ({,n ()(~CM \l~ . pa:l J. Riordan. Title: ~President Tax ID: 33-0734877 16 Name of Organization Name of Funded Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the ~~l~~;;~W~,!=wam, named above, during the 12-month contract period. 1;;.........,..........nfilmdl.91 Persons II. Number of ONLY unduplicated Santa Ana residents to be served by the funded program, named above, during the 12-month contract period. I 191persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Our organization runs the major aspect of the program during the summer in a ten (10) week intensive classroom environment in what we consider phase I. During the rest of the year, we meet our scholars once per month in what we consider phase II. PHASE I : Our organization will bridge the theory of math and science to its application in industry and technical settings. Our 20 scholars will be visited twice a week by different professionals that implement knowledge of math or science in their area of expertise. The bulk of the funds from the CDBG will be used to transport our scholars to their work place or industry site for them to see first hand how math and science is used outside of the academic setting. We have at least five (5) trips planned for this first quarter. Our scholars will also endure a nine (9) week SAT prep course that will enable them to obtain competitive scores and become more attractive applicants to the higher education institution of thier choice. Every Friday our scholars visit UCI and conduct real scientific research and projects with Dr. Debra Mauzy-Melitz, associate professor of biological sciences. PHASE II : For the month of September, October, November, December, and January our focus with our scholars will be finishing touches on their SAT prep. For February, March, and April we will begin our assignments on choosing a higher education institution. Schedule of Performace Estimate the number of ONLY unduplicated Santa Ana residents to be served by the funded program during the 12- month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 Persons Persons Persons Persons 19 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durin the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 Exhibit A Page 1 of 1 City of Santa Ana Performance Outcome Tracking Please find the activity most closety associated to the service that will be provided and place an "X" next to it then answer the uestion below. Please note the trackin that is involved with this activit. Place an "X" next to one Activity/ Activity Program Anti-Crime Services City Outcome Tracking Track the reduction in response time and the number of criminal apprehended as a result. Goal HUD Outcome Tracking Reduce response time to Number of persons assisted: serious crimes in the City's -with new access to a service Low- and Moderate-Income -with improved access to a service area by at least 3 minutes -where activity was used to meet a quality resulting in the standard or measurably improved quality, apprehension of 1,500 report the number that no longer only criminals that may have access to substandard service otherwise escape. ***5-year goal to be achieved by FY 09/10 Provide fair housing service 1. Provide fair housing and ongoing analysis of counseling, education and impediments to fair housing. enforcement services to 7,000 Santa Ana households. ***5-year goal to be achieved by FY 09/10 2. Annually assess actions to eliminate impediments to fair housing. Track assisted individuals 50% of assisted individuals who retained their housing and households will retain or utilities for at least 6 their housing or utilities for months after assistance was at least 6 months after provided. assistance is provided. Track individuals who received support services that were linked to one or more additional support service and/or appropriate housing. 50% of individuals/households that are provided with emergency shelter will transition to interim housing (i.e., transitional housing). Track homeless individuals 5% of homeless individuals who participated in participating in transitional transitional housing program housing program will be that were placed in placed in permanent permanent housing. housing. Track individuals who received support services that were linked to one or more additional support service and/or appropriate housing. Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service HUD Goal Sustainability for the purpose of creating Suitable Living Environments Accessibility for the purpose of providing Decent Affordable Housing Accessibility for the purpose of providing Decent Affordable Housing -Number of households that RECEIVED Accessibility for the emergency financial assistance to prevent purpose of creating homelessness Suitable Living -Number of households that RECEIVED Environments emergency legal assistance to prevent homelessness Number of homeless persons given overnight shelter OR Number of beds created in overnight shelter or other emergency housing Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 50% of individuals/families Number of persons assisted: receiving support services -with new access to a service will be linked to one or more -with improved access to a service additional support service -where activity was used to meet a quality and/or appropriate housing. standard or measurably improved quality, report the number that no longer only have access to substandard service Exhibit A-1 Page 1 of 3 Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Place an "X" next to one Activity Activity/ Program Senior Services City Outcome Trackin 1. Track assisted senior citizens that remained independent for at least 1 year after services were provided. 2. Track seniors receiving referrals that were linked to the services sought. Number of owners assisted to rehabilitate their primary residence for the following income categories: -Extremely Low Income -Very Low Income -Moderate Income Special Needs Categories -Large Families Goal 1. 80% of assisted senior citizens will remain independent for at least 1 year after services are provided. HUD Outcome Tracking Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 2. 90% of seniors receiving Number of persons assisted: referrals will be linked to the -with new access to a service services sought. -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service Physical safety and comfort Total number of units: will be improved for Low -Number occupied by elderly and Moderate income -Number of units brought from households by improving substandard to standard condition (HQS homes to a level that meets or local code) or exceeds HUD housing -Number qualified as Energy Star quality standards. -Number of units brought into compliance with lead safe housing rule (24 CFR part 35) -Number of units made accessible for persons with disabilities Track frail elderly individuals 90% of frail elderly that were linked to the individuals will be linked to services sought. the services sought. Track disables persons whose independent living was supported by City funds. Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service Support independent living Number of persons assisted: for 90% of disabled persons -with new access to a service assisted by City funds. -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service Track individuals assisted 100% of individuals Number of persons assisted: with City resources that assisted with City resources -with new access to a service were provided an entry point will be provided an entry -with improved access to a service into the regional mental point into the regional -where activity was used to meet a quality health care system and mental health care system standard or measurably improved quality, linked to at least one and linked to at least one report the number that no longer only additional mental health additional mental health have access to substandard service supportive service. supportive service. Track how many individuals with substance addiction in were provided an entry into the regional recovery system and linked to additional services. Provide entry into the regional recovery system for 25 individuals with substance addiction and link them to additional services. ...S-year goal to be achieved by FY 09/10 Exhibit A-1 Page 2 of 3 Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service HUD Goal Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of providing Decent Affordable Housing Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Place an "X" next to one Activity Activity/ Program City Outcome Tracking Youth Services 1. Track improvement in pre-test, post-test scores. 2. Track number of individuals exposed to the fine arts. 3. Track children/youth seeking referrals that were linked to the services sought. Low- and Moderate- Income Services Track program participants that were linked to services sought. Goal 1. For education-based programs, improve pre-test post-test scores by 50% HUD Outcome Tracking Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 2. Provide opportunities for Number of persons assisted: exposure to the fine arts. -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 3. 90% of children/youth seeking referrals will be linked to the services sought. Number of persons assisted: -with new access to a service -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service 90% of program Number of persons assisted: participants will be linked to -with new access to a service services sought. -with improved access to a service -where activity was used to meet a quality standard or measurably improved quality, report the number that no longer only have access to substandard service HUD Goal Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Accessibility for the purpose of creating Suitable Living Environments Describe how you will gather the tracking information, noted above, for that activity. For every day the scholars are in class, they will asked pre and post lecture questions to assess how much they learned from the speaker if at all. All information will compiled at the end of the first quarter and a report will written which interprets the numerical information attained. For services provided by AISS to our scholars, our resluts will show when they take their fist SAT and ACT examination. Also, by the end of the first quarter our scholars would have attained at most 5 applications from higher education institutions. Their progress will checked weekly. Exhibit A-1 Page 3 of 3 Program Year 2007-2008 Final Budget Organization Name Program Name Achievement Institute of Scientific Studies Achievement Institute of Scientific Studies Cate 0 Administrative Staff Salaries & Benefits Program Staff Salaries & Benefits Contractual/Professional Services Office Su lies Rent Communications Utilities Insurance Expenses Funded by Santa Ana COBG Total Program Bud et Total Organizational Bud et $ $ 2 3 4 2,640 Total $ 8,500 $ 1 ,774 $ 58,029 $ 1.774 58,029 5 Student Supplies LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 07-08 (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana CDBG 8,500 United Wa 13,300 Medtronics Cor. 6,000 Southem California Edision 8;000 Southern California Gas Co. 1,000 North Santa Ana Kiwanis 3.000 Orbit Priritiri Co. 1,000 Shamrock Co . 1,000 Individual Donations 16,229 Total Funds for the Program 58,029 Exhibit B Page 1 of 1 2007-2008 Funded Personnel Name of Organization: Achievement Institute of Scientific Studies Name of Program Achievement Institute of Scientific Studies NOTE: Please remember that this is only a budget and that reimbursement should be based on actual service. ADMINISTRATIVE STAFF Position Title Annual Annual Total CDBG Funds Of this time Maximum Salary Benefits Compensation Requested for percent of Amount of this position time serving eligible Santa Ana Complensation $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Amount Requested $ - Must equal amount indicated on Exhbit B PROGRAM STAFF Position Title Annual Salary Annual Benefits Total Compensation CDBG Funds Requested for this position Maximum Amount of eligible Com lensation $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Amount Re uested $ Must equal amount indicated on Exhbit B CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Annual Contract Amount Total CDBG Funds Of this time Maximum Compensation Requested for percent of Amount of this position time serving eligible Santa Ana Comnlensation Oliver Looez $ 4300 $ 4300 $ 3500 . 100% $ 4300.00 Edgar Sanchez $ 1.200 $ 1200 $ 800 100% $ I 200.00 Ricardo Un . $ 400 $ 400 $ - 100% $ 400.00 Ron Russell $ 600 $ 600 $ - 1000/. $ 600.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Amount Requested $ 4300 Must equal amount indicated on Exhbit B ***Please note for personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please confirm the percentage is accurate prior to requesting reimbursement. Exhibit B-1 Page I of I #DIV/O! #DIV/O! #DIV/O! #DIV /O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! #DIV/O! Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. tfA'~(~ ~ a~ Grantee/Contactor Orglnization. Program Title ~~!C -:>. \~~ d 1191111/ Name of Certifying Officer ! 1 \ EXHIBIT C Page 1 of2 SUB RECIPIENT warrants the following: 1. SUB RECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUB RECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUB RECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of2 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: CERTIFICATE OF INSURANCE EXCLUDES COVERAGE FOR NOMINEE EVENTS. SEE SEPARATE APPLICATIONS FOR NOMINEE EVENTS. SPECIAL EVENT LIABILITY PROGRAM II PRODUCER: A ~~(J07-IOS-OOI PUBLIC ENTITY (ADDITIONAL INSURED) I! City of Santa Ana I' 'I \: ,\ lliant Lnsurance Services, Inc. in conjunction with 20 Civic Center Plaza, M-28 Ii .>\pex Insurance Services Santa Ana, CA 92701 i P 0, Box 6450 'I '\.ewport Beach, CA 92658 I : ('/4')) 660-816:- I License No: OC 36861 I '\.AMED INSLRED (EVENT HOLDER): EVENT INFORMATION: Instructor: Paul J. Riordan TYPE: Instructional - Self I morovement Achievement Institute of Scientific Studies DA TE(S): Jan. 01, 2007 - Dec. 31, 2007 1621 Bullard Lane LOCATION: Various city locations Santa Ana, CA 92705 **Liauor Liability after 2am D ] 'his is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period Illdlcated Notwithstanding any requirements, terms or conditions of any contract or other document with respect to which this .;crtificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. I~SURANCE CARRIER: Evanston Insurance Company "tASTER POLICY NUMBER: 04SEPI00000l :\tASTER POLICY DATES: EFFECTIVE: JANUARY 1,2007 EXPIRATION: JANUARY 1,2008 f--- (OMMI:/{CIAL (iENERAL I.IAHILlTY OCCURRENCE FORM DEDUCTIBLE: NONE {len~ral Ag.gregale Limit $ 2,000,000 I'roducts & Completed Operations 1,000,000 Personal & Advertising Injury 1,000,000 I-ach Occurrence l.lmlt 1,000,000 lire Damage (Any One Fire) 50,000 i ~ Iedieal Payments (Any One Person) 5,000 i he limits of II1surance apply separately to eaeh event insured by this policy as if a separate policy of insurance has been issued for that event. "Who i, IIls11r~d"" amended 10 include, as an insured, the person or organization shown in this schedule, but only with respect to liability arising out of the ,,\\nershlp, mainlenanee or u,c or thc premises used by the named insured (event holder). Hlis insurance does not apply to: Any "occurrence" which takes place "rter the event holder eeases III be a tenant in that premises, OTHER ADDITIONAL INSUREDS :1 I I '...6'iCFILATION: Should the above described policy to cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the l eniticate holder and additional insureds listed. \.t ITHORIZED REPRESENTATIVE: ~;Z~ I)ATE ISSUED: December 28, 2006 <iene/'(//ed hy Risk Management DIvision by: &A~A 0- '," . (11 (/1 bt/J1d/~